Taking an absent father's rights from him

Mara - posted on 08/12/2010

I asked a lawyer about that and was told it is almost impossible to terminate parental rights, even in extreme cases of sexual abuse to the children.
The only way a judge will even consider it is not only if there has been no contact or child support for years, and there is virtually no chance of that changing, and you are married and your spouse is going to adopt your child as his/hers.

Crystal - posted on 08/06/2010

Yes, you can but how you go about it depends on the state. Any lawyer will know how to go about it and then all the proper work will be done in the right order for you and your children to move on with y our lives without him. I do know in MT if whereabouts are unknown you have to place an ad in the paper for so many weeks. Good luck!
Crystal | www.whydidichoosehim.com

Erin - posted on 08/05/2010

Here in MN terminating parental rights is not common because it also means that the parental responsibilities like child support are also terminated. The lawyer I worked with had only done it once in the over 25 years he's been a lawyer and those were very extreme circumstances. If he's leaving you alone and you have full physical and legal custody of your kids, I wouldn't push the issue and just let his child support accrue. My ex hasn't seen my girls in a year and a half and no child support yet, but it sure has accumulated. Maybe someday.

Kristy - posted on 08/05/2010

I have talked to a lawyer about doing the same thing for my daughter. Even during the divorce I was told that in the state of SC I would have to be married for 6 months and be able to show that he hasnt had any contact with her. Or supported her financially in 6 months after the marriage. I know that you would most def need a lawyer

Deidre - posted on 07/30/2010

in NC...if there aren't any papers then both parents have the same "rights"...however the courts or law enforcement are unable to enforce any of those rights without a court order stating specifics.....you have custody...if his visitation is "as agreed upon" then you have control over your children...but i still don't see a reason for stiring the pot before your ex takes action....termination of parental rights is a big deal and is detailed in the courts (in NC)...if things are quiet then that's a good thing...just make sure you provide your school or any daycare with your court order so they can enforce it while you are not with your children

Sarah - posted on 07/29/2010

In your papers does he have any visitation scheduled? My ex husband doesn't and my dad (also a family law lawyer) says that I don't have to do anything else to terminate his rights, because he has no rights right now. It would be up to my ex to petition the courts for visitation of our sons, but I don't have to let him see them at all. He did call this week, without notice. A first in almost a year.

Deidre - posted on 07/29/2010

definitely depends on the state. terminating parental rights is a long process. do you really feel it is necessary to do that. i work at an attorney office in NC....here...a gardian ad'litem is appointed to the children involved and they have to meet with them and both sides have to be interviewed as well. if he is leaving you alone...why not just let it go until it becomes a problem to deal with. and why does he have to call your mom to make arrangements to pick up the kids...does he have supervised visits with your parents? how old are your kids...do they care if he is around or not?...sometimes leaving things alone is better than creating a disturbance.

Hayley - posted on 07/29/2010

I think it depends on the state. In Georgia you have to show they have not made any contact in over a year and have not financially provided for the child in the same amount of time. If his whereabouts are unknown, you do have to post in the newspaper in the town of his last address, but there are procedures for this. You need an attorney.